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Study on the Legal Ownership of the Consumer’s Protection Law

Author: ZhengBaiYu
Tutor: HuYue
School: Northeast Normal University
Course: Civil and Commercial Law
Keywords: Consumers’Protection Law Regulating Object Economic Law
CLC: D923.8
Type: Master's thesis
Year: 2011
Downloads: 67
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Abstract


The nature as a branch of law of consumers’protection law always be controverted in the law circle of our courtry . currently some scholar of civil law consider that the civil law should be the guidance for the consumers’protection law . Wang Liming, the main representative there, as well as a number of civil law scholars believe that the Consumers’Protection Law is a special civil law. The main representatives include Professor Liang, Zhang Yan Fang, Mu Ruijin. Law scholars in and abroad generally considered the Consumers’Protection Law should be defined as economic law. Jinze Liang Xiong is the main representatives of economic law scholar scientist from Japan,other domestic scholars holding the same viewpoint incluld Lichang Qi, Yang Zi Xuan, Xu Jie, Zhang Shouwen,Shi chunji ,Huang he and other economic law scholars. For the Consumers’Protection Law contains some administrative law and criminal law , there is also a few scholars emphasized that the administrative law attributes to the Consumer Protection Act, Positioning a Special Law of Administrative Law. The nature of the branch of law for Consumers’Protection Law has not been well resolved for a long time, causing the solution of the legal problems can not reach a unified opinion in judicial practice. Even making a subject matter have opposite judgments in a same court and brought on same suits .The main problem is which department theory of law could guide the dispute about the legislation and the implementation of the Consumers’Protection Law .To figure out this issue, this article start from the cause of the Consumers’Protection Law, the first part summarized and analyzed the cause of consumer issues and the rise of the consumer movement, point out that the fundamental goal of the Consumers’Protection Law is to protect the weak position of consumer groups and the legitimate rights. The second part discussed the limitations of using the theory of the civil law and the administrative law to guide the appling of the Consumers’Protection Law. Pointed out the Consumers’Protection Law should be highlighted the economic law character. The third part explained the rationality of attributing the Consumers’Protection Law to the economic law . Through the research object and the principles of the adjustment of economic law , summarized that the fundamental goals of the Consumers’Protection Law is consistency with the objectives to be achieved in economic law . Ultimately concluded that the Consumers’Protection Law should be vested in a department of economic law method.

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